Section 4.1 Intentional Torts
What You’ll Learn
How to tell the difference between a crime
and a tort (p. 80)
How to explain the nature of tort law (p. 80)
How various torts can be committed (p.81)
How to define various intentional torts (pp.
81-86)
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Why It’s Important
Learning the difference between a tort and
a crime will help you understand how the
justice system protects people from injury.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Section Outline
The Difference Between Criminal
Law and Tort Law
Intentional Torts
Assault and Battery
Trespass
Nuisance
False Imprisonment
Defamation
Invasion of Privacy
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Pre-Learning Question
What is the difference between
criminal law and tort law?
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
The Difference Between
Criminal Law & Tort Law
A crime is an act against not only a
specific individual, but the general
welfare, as well.
A tort is a private wrong committed by
one person against another.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
The Difference Between
Criminal Law and Tort Law
A tort will lead the wronged party to try
and recover money as compensation for
the loss or injury suffered.
A tort does not, however, call upon the
government to punish the wrongdoer.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
The Concept of Rights
The law of torts is grounded in the concept
of rights.
Under tort law all people are entitled to
certain rights.
These include the right to:
Be free from bodily harm.
Enjoy a good reputation
Conduct business without unwarranted
interference.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
The Concept of Rights
The law imposes a duty on all of us
to respect the rights of others.
Tort law governs this interplay
between rights and duties.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Pre-Learning Question
What is an intentional tort?
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Intentional Torts
Torts can be committed either
intentionally or unintentionally.
An intentional tort occurs when a
person knows and desires the
consequences of his or her act.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Assault and Battery
The tort of assault occurs when one
person deliberately leads a person to
believe they are about to be harmed.
The tort of battery involves the unlawful,
unprivileged touching of another person.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Assault and Battery
The tort of assault is different from the
crime of assault.
The victim of a tort assault must
know that the tortfeasor meant to
commit harm.
A tortfeasor is the person who
committed the tort.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Trespass
A trespass is the wrongful damage to
or interference with the property of
another.
Nuisance
The tort of nuisance is anything that
interferes with the enjoyment of life or
property.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Invasion of Privacy
Invasion of privacy is interfering with
a person’s right to be left alone, which
includes the right to be free from
unwanted publicity and interference
with private matters.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
False Imprisonment
Law enforcement officers must have
probable cause or a warrant to arrest
someone, or they can be sued for
false imprisonment, or false arrest.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Defamation
Defamation is the wrongful act of
injuring another’s reputation by making
false statements.
Libel is a false statement in written
form.
Slander is a false statement made
orally to a third party.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Raymond slapped his wife Charlotte
while they were arguing about child
support. Which tort did Raymond
commit—assault or battery?
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Which definition best describes
“tortfeasor”?
a) A person charged with the crime of
assault.
b) A person charged with committing a tort.
c) The attorney who represents a person
accused of committing a tort.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
ANSWER
Battery
(b) A person charged with committing
a tort.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Section 4.1 Assessment
Reviewing What You Learned
1. What is the difference between a
crime and a tort?
2. What concept is at the heart of tort
law?
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Section 4.1 Assessment
Reviewing What You Learned
3. How can a tort be committed?
4. What are the most common
intentional torts?
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Section 4.1 Assessment
Reviewing What You Learned
Answer
1) A crime is an offense against the public at
large. A tort is a private wrong committed by
one individual against another.
2) The law of torts is grounded in the concept
of rights.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Section 4.1 Assessment
Reviewing What You Learned
Answer
3) A tort can be committed intentionally or
unintentionally.
4) Assault, battery, trespass, nuisance, false
imprisonment, defamation, and invasion of
privacy.
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Section 4.1 Assessment
Critical Thinking Activity
Tort Law
If criminal law is responsible for dealing
with individuals who commit wrongful acts,
what purpose does tort law serve? Why do
you need to understand the different
intentional torts?
Understanding Business and Personal Law
The Law of Torts
Section 4.1 Intentional Torts
Section 4.1 Assessment
Critical Thinking Activity Answer
Tort Law
Tort law compensates victims, and in order
to properly represent his or her client as a
tortfeasor or a victim, an attorney must
have a proper understanding of the
different intentional torts.
Understanding Business and Personal Law
The Law of Torts